How can I get the alimony that I deserve to clear my marriage loans?

641 votes

Hi.... if u dont want to contest the case u both go for mutual divorce thare can you settle u r alimony amicably.And husband can not escape from paying maintainance to his wife. if he not ready to pay alimony you can file a seperate maintainance petition.
Thank you

Advocate Rama Chandra Shenoy LawRato

559 votes

You can get alimony from your husband, but you have not stated if your matter is already in Court. Providing proof of his wealth and income to Court. if he is in any job, you can seek Income Tax returns through court.

Advocate S.K Prabhakar Shetty LawRato

631 votes

Normally the courts weighs the financial background of both the spouses while determining the alimony. Such amount cannot be granted to discharge any loans of the wife or to lead luxory life. But the Apex in one of the rarest case held that 25% of husband's net salary as "just and proper" amount as alimony.

The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony.
A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.
Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family.

Advocate Kishan Dutt Kalaskar LawRato